Citation Nr: 20030117 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 18-38 415 DATE: April 29, 2020 ORDER Entitlement to nonservice-connected (NSC) pension is denied. FINDING OF FACT The Veteran has not provided adequate income and net worth information during the appeal period to substantiate the claim for entitlement to nonservice-connected pension. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected pension have not been met. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.3, 3.23, 3.271, 3.272, 3.273, 3.274. REASONS AND BASES FOR FINDING AND CONCLUSION The Board remanded the appeal for NSC pension in June 2019 to request that the Veteran submit income, net worth, and medical expense information for the appeal period from November 2011. The Agency of Original Jurisdiction (AOJ) substantially complied with the Board’s remand instructions in completing the requested development. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999). Entitlement to nonservice-connected pension Basic entitlement to pension exists if, among other things, the claimant’s income is not in excess of the maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23. 38 U.S.C. § 1521; 38 C.F.R. § 3.3(a)(3). The MAPR is revised every December 1st and is applicable for the following 12-month period. The MAPR shall be reduced by the amount of the countable annual income of the claimant. 38 U.S.C. §§ 1503, 1521; 38 C.F.R. §§ 3.3, 3.23(b). In determining annual income, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived) shall be included during the 12-month annualization period in which received, except for listed exclusions. 38 U.S.C. § 1503(a); 38 C.F.R. § 3.271(a). Income from the Social Security Administration (SSA) is not specifically excluded under 38 C.F.R. § 3.272. Such income is therefore included as countable income. For purposes of calculating pension benefits, total income may be reduced by amounts equal to amounts paid by a claimant for unreimbursed medical expenses that were “in excess of 5 percent of the applicable maximum annual pension rate or rates... as in effect during the 12-month annualization period in which the medical expenses were paid.” 38 C.F.R. § 3.272 (g)(1)(iii). The Veteran filed an informal claim for nonservice-connected pension in November 2011. While he reported having no income at the time, a letter from the Social Security Administration (SSA) shows that the Veteran began receiving monthly SSA disability benefits beginning July 2011. SSA income is countable for pension purposes. Pension benefits were denied by the regional office because the Veteran was in receipt of SSA income in excess of the applicable MAPR rate. The Board remanded the appeal in June 2019 to request that the Veteran submit income, net worth, and medical expense information needed to decide the claim. In a January 2020 letter, the AOJ requested that the Veteran complete and return an enclosed Application for Pension, Improved Pension Eligibility Verification Reports, and Medical Expense Reports to report his income, net worth, and medical expenses from the period from November 2011 to present. The Veteran did not submit the requested forms, income, net worth, or expense information. The Board finds that the Veteran has not provided necessary income and net worth information to substantiate an award of nonservice-connected pension benefits. Therefore, the claim must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christine C. Kung The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.